Category Archives: Contract

Issues relating to UFCT’s contract

Memorandum of Understanding 2011-2015

MEMORANDUM OF UNDERSTANDING

Pratt Institute and the United Federation of College Teachers, Local 1460 hereby agree to extend the existing collective bargaining agreement in full force and effect until and including August 31, 2015 with the changes set forth below.

1. General Wage Increases

Full-time faculty members employed during the applicable academic year shall receive the following increases in salary:

Effective September 1, 2011 – 3%
Effective September 1, 2012 -3.25%
Effective September 1, 2013-3.25%
Effective September 1, 2014-3.25%

Part time faculty members (CCEs, Adjuncts and Visitor Faculty) employed during the applicable academic year shall receive the following increases in their contact hour rate:

Effective September 1, 2011 – 3%
Effective September 1, 2012 -3.25%
Effective September 1, 2013-3.25%
Effective September 1, 2014-3.25%

2. Equalization Funds

Effective 8/31/2012, Pratt shall make available $80,000 in equalization funds to be distributed in accordance with the attached Schedule A.

Effective 8/31/2013, Pratt shall make available an additional $80,000 in equalization funds to be distributed in accordance with the attached Schedule A.

Effective September 1, 2013, the equalization funds that have been distributed shall be added to the base salary of those individuals (i.e., the general wage increases effective September 1, 2013 and September 1, 2014 shall apply to the equalization funds distributed).

Following the distribution of the aforementioned $160,000 on 8/31/2013, Pratt will have no additional obligation with respect to this paragraph.

3. Amend the contribution rates in 28.1(b) to provide as follows:
2011-2012-7%
2012-2013-5%
2013-2014-5%
2014-2015-7%

4. Effective 9/1/2012, there shall be 100 CCE positions. Thereafter during the term of the Agreement each year on or about 9/1 there shall be 100 CCE positions. These positions shall be filled in accordance with regular Pratt administration practices and Article 16 of the CBA. However, no current CCE Adjunct faculty members who hold this status as of 9/01/12 shall lose his or her status as CCE Adjunct as a result of the operation of this provision.

5. Prior to 8/31/2015, at least three full-time tenured track positions shall be awarded to Adjunct professors with CCE status.

6. Effective 9/1/2012, and on or about that date every year thereafter during the term of the Agreement, there shall be 250 individuals in the status of Adjunct faculty (i.e., excluding faculty with CCE and Visiting faculty). These positions shall be filled in accordance with regular Pratt administration practices and Article 16 of the CBA. However, no current faculty possessing adjunct faculty status shall lose his or her status as Adjunct as a result of the operation of this provision.

7. Health Benefits for Adjunct Faculty

The current language in sections 27.1(b)(2) and (3) will be deleted and replaced with the following:

The Institute shall make health benefit coverage available to Adjunct faculty (i.e. excluding Visiting faculty) and contribute 50% toward the cost of individual coverage under any such plan. The Institute shall have the right to determine and select the carrier, nature of plan, type of coverage, plan design, and other terms and conditions of the plan and shall also have the right to change, modify, replace the plan without the need to bargain with the Union, provided that the cost to the Institute of the plan remains substantially the same as the cost of providing the benefit as of the effective date of the Agreement. The Institute will give notice and an opportunity to discuss any such changes to the Union in advance.”

To be eligible for benefits under this provision, Adjunct Faculty must teach a minimum of 50% of a full time workload each Fall and Spring Semester. If the Adjunct Faculty member is assigned one converted contact hour below the 50% minimum, that Adjunct Faculty member will retain eligibility for medical benefits.

8. Workload and Assignment for Adjunct Status (including CCE)

i) Effective Spring 2013, Adjunct faculty shall be assigned a minimum of 50 % of a full time workload each Fall and Spring semester.

ii) Adjunct faculty may be assigned a maximum workload of 75% of a full time equivalent.

iii) It shall not be considered a violation of this Paragraph if adjunct workload assignments are one converted contact hour below the minimum or above the maximum each Fall and Spring semester.

iv) For purposes of interpreting and applying 23.3(b), “academic competence” shall be determined by the Administration and said determination shall not be overturned unless arbitrary and capricious. If the incumbent is not being offered the course, he or she will be provided the reason for that decision.

v) Existing and future Adjunct faculty choosing not to teach a minimum of 50% of a full time equivalent work load for 2 semesters (whether consecutive or not), shall have their status changed to Visiting.

vi) Assignment of courses for Visiting faculty shall be made by the Administration in its discretion.

9. The Union agrees that it will not pursue any grievance enforcing Article XXVI (ratio of full-time to part-time faculty) for the duration of the Agreement.

10. Non-Tenure Track Full Time Appointments, Article XXXII. Replace Article 32.1(b) with the following:

(b) to temporarily fill a budgeted full-time tenure track line, for a maximum duration of three years.

In all other respects Article 32 shall remain the same.

11. Office Hours

The parties reaffirm their commitment to compliance with Article XXX, Section 20.6, notwithstanding any contrary past practice.

12. Departmental Meetings

Amend Article VIII to add “…and faculty shall make every reasonable effort to attend such meetings.”

13. Article XXVII: Health Benefits

i) With respect to the medical coverage offered to full-time faculty, delete specific references to Aetna and substitute language to clarify that reference is to the fully insured plans provided to Administrators.

ii) Change section 27.1 (c)(1) to read as follows:
“Future retirees who are not Medicare eligible will be offered the plans being offered to Pratt Institute administrator retirees. Pratt shall have the right to change, modify, discontinue, or eliminate medical coverage for future retirees who are not Medicare eligible without the need to bargain over any change, modification, discontinuance, or elimination, provided that Pratt makes the same change, modification, discontinuance, or elimination of retiree coverage for Pratt administrators.”

14. Article XX: Workload

Change footnote “1” under 20.2(b) as follows:
i) Strike “the requirements of New York State Education Department”
ii) Add in its place “Pratt’s teacher certification accreditation agency”

15. PROFESSIONAL LIBRARIANS SICK LEAVE

Article XX, Section 20.2(e) The Library, Add the following as Item (5):

Professional Librarians shall earn sick leave at the rate of 0.833 days for each continuous month of service, to a maximum of ten (10) days per year. Unused sick days may be carried over into the following year up to a maximum of sixty (60) days. Upon a reasonable suspicion of misuse, an employee may be required to provide substantiation of a personal illness to justify paid sick leave.

Unused sick leave is forfeited upon the employee’s retirement, resignation, or termination.

16. Article XXII: Pre-Retirement

Change section 22.1 (b) to read:
“Must have completed at least twenty (20) years of service at Pratt as a member of the full-time or adjunct faculty or as an academic administrator, including the last eight (8) years of service as full-time faculty or CCE, as of the end of the semester in which the application is submitted.”

17. Article XXIII: Part-Time Faculty

Eliminate Section 23.5

18. Article XXIX: Leaves

i) Add the following sentence to the end of Section 29.1:

“Faculty shall be responsible for 100% of premiums for any medical coverage during a leave of absence exceeding one month, except for sabbatical leaves, FMLA, medical, or disability leaves, or approved leaves to perform work or service that is not compensated and that reasonably is deemed by the Institute to enhance the professional reputation of the Institute.

ii) Section 29.3: Delete sections (a) and (b) and substitute the following:

(a): “Non-tenured full-time faculty shall be entitled to medical leave at full pay for one calendar month for each year of service for the first three years of service and then, beginning with the fourth year of service, up to a total maximum of six months, or one semester. If necessary, such medical leave may be extended without pay up to a maximum of one year total, including paid and unpaid medical leave.”

(b): “Tenured full-time faculty and Adjunct faculty with a CCE shall be entitled to medical leave with full pay, up to a maximum of one calendar year.”

iii) Add the following section (c):

“Full-time faculty and Adjunct faculty with a CCE may be eligible for disability coverage under article 28.3 following the exhaustion of medical leave pursuant to sections 29.3 (a) and (b). Medical benefits will continue pursuant to article 27 for eligible faculty on disability coverage for a period of one calendar year.”

iv) Rename existing section (c) as (d)

v) Add the following section (e):

“Following return to work after a paid medical leave, any faculty member must complete a full academic year of service before being eligible for additional paid medical leave pursuant to this article.

vi) Full-time faculty and CCEs will be eligible to return from medical leave to the same or similar position within the Institute, at the beginning of the next semester following the end of the medical leave.

vii) Add the following section (f):

“Professional Librarians shall be eligible for paid medical leave pursuant to sections 29.3 (a) and (b) except that any and all paid leave, including vacation, sick leave, and discretionary leave, must be used concurrently during the medical leave and shall not be used to extend the length of the medical leave.”

19. If a faculty member received tenure during the term of the 2003-2007 CBA, that faculty member may during the Fall 2012 Semester request that the Provost assess that member’s scholarship as of the date of tenure to determine whether that scholarship warrants a compensation adjustment. The Provost’s decision with respect to that request will be in his/her sole discretion, non-reviewable, non-grievable, non-arbitrable and otherwise not subject to litigation. Such compensation adjustment shall commence at the beginning of the Fall 2013 Semester and will not be retroactive.

20. INDEPENDENT STUDY RATE

Section 24.7 will be revised to provide for $150.00 per student per contact hour.

21. OVERTIME RATE FOR LIBRARY FACULTY

Section 24.6 will be replaced with the following:

Full-time Library faculty who work excess hours beyond their normally scheduled work week will be compensated at $45.00 per hour.

22. SABBATICAL LEAVES

Section 29.2(a) shall be revised to read:

(a) Sabbatical leave eligibility under subsections (b) and (c) shall require at least six (6) years of continuous service at the Institute before and between sabbaticals. Sabbaticals will not be awarded prior to the award of full time faculty tenure, or the award of CCE status.

23. CURRICULUM DEVELOPMENT BY FACULTY

Section 3.1 shall have the following language added to end of this section:

Departmental faculty shall have appropriate input related to new or revised curriculum within their departments.

24. PROFESSIONAL DEVELOPMENT DAYS FOR LIBRARIANS

Article XX, Section 20.2(e) The Library, the following shall be added to end Item (4) – “upon the approval of the Director.”

Article XX, Section 20.2(e) The Library, Item (5) shall be replaced with the following:

(5) Full-time tenured and tenure track librarians will have three (3) days per quarter release time for professional development. Each year, quarters shall be defined as September 1 to November 30, December 1 to February 28 (or the 29th during a leap year), March 1 to May 31, and June 1 to August 31. These days may not be carried over between quarters. The scheduling of days will be determined by the Director, in consultation with the librarian.

25. SUMMER WORK WEEK FOR LIBRARIANS

Article XX, Section 20.2(e) The Library, Item (1) Work Week add Item (iii) as follows:

(iii) Professional Librarians shall have a reduced summer work week in accordance with policies for administrative summer work weeks.

26. TIAA EARLY WITHDRAWL

Pratt Institute will investigate the possibility of allowing faculty members who have reached age 65 to withdraw self-contributed TIAA Benefits. It is agreed that if this option becomes available and if it is offered by the administration, and if an individual exercises this option, Institute contributions to that individual’s retirement funds may, in the Institute’s discretion, cease upon the date of the decision to withdraw funds.

27. CCE LIFE INSURANCE

It was agreed that the administration will explore the possibility of increasing the existing death benefit for CCE faculty, dependent upon cost, from the present level of $10K to a term value of between $20K and $30K.

Arbitrator Martin F. Scheinman shall have jurisdiction over disputes between the parties involving interpretation or application of this Memorandum.

This Agreement shall become effective only upon its approval by the Board of Trustees of the Institute and upon its ratification by the Union.

Article 28.4 (b): Tuition Remission

A benefit enshrined in the Collective Bargaining Unit involves a full-time or adjunct faculty member's ability to follow any course of study at Pratt Institute and to receive full or partial reimbursement depending upon the faculty member's status (full time or adjunct). 

Article 28.4 (b) of the UFCT 1460 Collective Bargaining Agreement states the following:

28.4  Tuition Remission and Tuition Exchange Plan

(b)  Part-Time Faculty

The tuition remission program set forth in Article 28.4(a)(1), above, shall be available on a pro rata basis to the spouses and children of the adjunct faculty who have completed ten (10) or more semesters of employment (as a visitor or adjunct).  The pro-ration per semester shall be based on the faculty member’s workload in the last preceding semester as against a full-time per semester workload in the faculty member’s department.

This means that there is no limit to the reimbursement based upon some arbitrary maximum number of course credits set by Human Resources.  Course credits are nowhere mentioned in the CBA.  If the adjunct takes 8 credits, the reimbursement will be figured based on that, and if he or she takes 12, it will be figured based on that, and so on.  The adjunct receives reimbursement based upon the ratio of his or her workload the previous semester in relationship to a full-time workload in his or her department.  That ratio in turn is multiplied by the total tuition, resulting in the amount Pratt covers, and the amount for which the adjunct is responsible.      

As such, if you are an adjunct faculty member who has used the tuition remission benefit for yourself, spouse, or any dependent child in the last three years, please contact the UFCT ASAP as you most probably paid much more than was warranted for your tuition remission benefit.

The UFCT will not countenance such abuse and bad faith.

In Solidarity,

-Kye

Union Office: (718) 636-3614

Email: kyecarbone@gmail.com

 

A letter of support and solidarity from a Union member

Our colleague Jim Costanzo has asked me to circulate his comments…

______

Kye,

I appreciate all that you, the negotiating team and other officers have done to negotiate and ratify the contract.

Pratt Institute is at a crossroads and the changes and acrimony that you mentioned go beyond the Union. The Master Academic Plan has proposed significant changes that has generated debates as intense as those involving the Union.

I believe that change is a good thing for the Institute. Those of use who have taught at Pratt for over 10 years will remember that Memorial Hall was at the point of literally collapsing. It was closed and the roof might not have made it through a few more winters, drawing rooms in the main building had to close during heavy rains because of leaks. After numerous renovations the administration has rebuilt the Brooklyn campus and bought a building in Manhattan.

There has also been a serious effort to improve the Institute's reputation. We have always had a good reputation, with some departments and schools rated higher then others, but financial difficulties of the last century have had a negative effect on the academics.

The faculty has consistently worked to improve Pratt's reputation and I hope that we can all agree that a strong and committed Union will work with the Administration to improve the quality of education.

Change is never easy but with an 86% victory I hope that we can return to the reason that we joined the Union, a secure and positive teaching environment.

In Solidarity,

Jim

p.s. Kye please send this out to the rest of the Union members. My email cant deal with that many recipients.

______

kyecarbone2@aol.com wrote:

Dear UFCT Member:

I am obviously thrilled that the 2007-2011 Collective Bargaining >

Agreement has been ratified, and by such an overwhelming margin [86% > ‘In Favor’!!]

Yet, I would be less than honest if I did not confess being disturbed

> by the negative efforts of a few naysayers these last four weeks. The > UFCT's Executive, Negotiating and Grievance Committees are exhausted, > as we have had to beat back and counter [twenty-four-seven] what was a > concerted campaign of innuendo and slander by a few spoilers who > instinctively reject all change and reform.

In the final analysis though, WE have achieved a strong contract for

> ALL, as every one of us will benefit from our collective efforts, > including – as it should – our naysayer brothers and sisters.

It has been an honor being your Union President. I continue to pledge

> my dedication and commitment to the challenges that lay ahead and > promise never to lose sight of the confidence and trust bestowed upon me.

In Solidarity,

-Kye

VOTING RESULTS

1:25 PM

The 2007-2011 Collective Bargaining Agreement has been ratified.

The ballots were counted and the results are as follows:

149 Yays

25 Nays

26 Invalid Ballots (unmarked by any name, signature, or return address)

200 Total Votes Received